SUM 2004 05 10CHANHASSEN CITY COUNCIL
REGULAR MEETING
SUMMARY MINUTES
MAY 10, 2004
Mayor Furlong called the meeting to order at 7:00 p.m. The meeting was opened
with the Pledge to the Flag.
COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Ayotte, Councilman
Labatt, Councilman Lundquist, and Councilman Peterson
STAFF PRESENT: Todd Gerhardt, Roger Knutson, Justin Miller, Paul Oehme, Matt
Saam, Kate Aanenson, and Bruce DeJong
PUBLIC PRESENT FOR ALL ITEMS:
Steve Hauser
Valerie Deal
Paula Smith
Jerry & Janet Paulsen
Chaska
9390 Foxford Road
Eden Prairie
7305 Laredo Drive
PUBLIC ANNOUNCEMENTS: None.
CONSENT AGENDA:
approve the following
recommendations:
Councilman Ayotte moved, Councilman Labatt seconded to
consent agenda items pursuant to the city manager's
Approval of Minutes:
-City Council Work Session Minutes dated April 26, 2004
-City Council Verbatim & Summary Minutes dated April 26, 2004
-Board of Review and Equalization Summary and Verbatim Minutes dated April
26, 2004
Receive Commission Minutes:
-Planning Commission Minutes dated April 20, 2004
Resolution #2004-30: Call Assessment Hearing for 2004 Residential Street
Improvements, Project 04-01.
Well No. 9, Project 02-02: Approve Consultant Work Order for the Contract
Administration and Construction Inspection.
Resolution #2004-31: Award of Bids, Fire Department Vehicles Included in the
Capital Improvement Program.
City Council Summary - May 10, 2004
Approval of an Interim Use Permit to Allow Riding Lessons at a Stable, 760 West
96th Street, Sandy Worm.
f. Approval of Amendment to Chapter 10, Licensing of Sexually Oriented
Businesses and Summary Ordinance for Publication Purposes.
Approval of Agreement Allowing Issuance of a Building Permit Before
Demolition of the Existing House, 820 Imperial Drive, Robert Lund& Connie
Sackett-Lund.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
C. WELL NO. 9 PROJECT 03-02: APPROVE CONSTRUCTION
CONTRACTS.
Councilman Lundquist asked that this be approved minus the SCADA line item until that
can be further defined. Paul Oehme recommended that the item be approved as is and a
change order can be done later on if concerns arise. Councilman Lundquist asked the city
attorney for his opinion on putting in a condition of secondary approval on the SCADA.
Roger Knutson suggested a condition which states, don't proceed on the SCADA until
further authorization from the council.
Councilman Lundquist moved, Councilman Ayotte seconded to approve
construction contracts with Mark J. Traut Wells in the amount of $521,330 and
with Kusske Construction in the amount of $288,351.25 for work to be performed
on Project No. 03-02 with the condition that further council approval is required
before proceeding with any purchases or construction related to the SCADA system.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
VISITOR PRESENTATIONS: None.
CONSIDER AMENDMENT TO CHAPTER 16 OF CITY CODE CONCERNING
SOLID WASTE.
Kate Aanenson updated the City Council on changes made to the code since the last work
session. Councilman Ayotte asked staff to explain what mechanism will the residents
have to be able to judge performance on the part of the contractor when it comes to
recycling. Councilman Lundquist stated his reasons for not supporting this ordinance
amendment. Councilman Ayotte and Councilman Labatt agreed with Councilman
Lundquist. Councilman Peterson stated his support for staff's recommendation. Mayor
Furlong commented he was in agreement with going forward with this proposal and then
review it in a year to see how the program is working. Sheldon Swensen with Waste
Management spoke regarding the proposed change to the ordinance. Councilman
Lundquist asked the applicant for clarification on costs and benefits to Waste
Management. Councilman Ayotte stated as the discussion has developed, he was looking
for more information and asked the applicant his feelings of tabling the item.
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City Council Summary - May 10, 2004
Councilman Peterson moved, Councilman Labatt seconded to adopt Chapter 16,
Chanhassen City Code, Solid Waste as presented by staff. All voted in favor, except
Councilman Lundquist who opposed, and the motion carried with a vote of 4 to 1.
Councilman Peterson moved, Councilman Labatt seconded to approve the summary
ordinance for publication purposes of the amendment to Chapter 16, Chanhassen
City Code, Solid Waste as presented. All voted in favor, except Councilman
Lundquist who opposed, and the motion carried with a vote of 4 to 1.
SETTLER'S WEST DEVELOPMENT, 55.6 ACRES (44.6 ACRES IN
CHANHASSEN), LOCATED SOUTH OF PIONEER TRAIL AND EAST OF
HENNEPIN COUNTY REGIONAL TRAIL; THE PEMTOM COMPANY AND
BEATRICE ZWIERS.'
REQUEST FOR A COMPREHENSIVE PLAN AMENDMENT TO
INCORPORATE THE PROPERTY IN THE CURRENT
METROPOLITAN URBAN SERVICE AREA (MUSA);
REQUEST FOR REZONING FROM A2, AGRICULTURAL ESTATE
DISTRICT TO RSF, RESIDENTIAL SINGLE FAMILY DISTRICT;
REQUEST FOR SUBDIVISION APPROVAL TO CREATE 61 LOTS (48
IN CHANHASSEN), 30UTLOTS (1 IN CHANHASSEN), AND PUBLIC
RIGHT-OF-WAY WITH A VARIANCE FOR STREET WIDTH;
REQUEST FOR A WETLAND ALTERATION PERMIT TO FILL AND
ALTER WETLANDS ON SITE.
COUNCIL UPDATE ON COOPERATIVE AGREEMENT FOR
SETTLERS WEST LAND USE REVIEW.
Public Present:
Name
Address
Dan Herbst
Justin Larson
Dan Cook
Chris Thompson
7630 Crimson Bay
150 So. Broadway, Wayzata
Eden Prairie
Kate Aanenson provided background information and an update from the Planning
Commission. Councilman Peterson asked staff to explain the bluff preservation plan.
Councilman Labatt asked about the safety zone connected with the gas pipeline and
asked that prior to final plat staff find out from Williams Pipeline the types of products
that are pushed through, the age and depth of the pipe, and based upon their history and
experience, if they would recommend a larger safety zone or if what is proposed is
adequate. Mayor Furlong asked for clarification on the tree preservation area of the bluff
and traffic concerns on Pioneer Trail. He asked that the best method of protecting the
bluff be clarified prior to final plat. Dan Herbst addressed items brought up at the work
City Council Summary - May 10, 2004
session with City Council and Planning Commission meetings. Following a brief
discussion, the following motions were made.
Resolution #2004-32: Councilman Peterson moved, Councilman Lundquist
seconded to approve the Comprehensive Plan Amendment to incorporate the
property in the 2000 Metropolitan Urban Service Area (MUSA). All voted in favor
and the motion carried unanimously with a vote of 5 to 0.
Councilman Peterson moved, Councilman Lundquist seconded to approve the
following three motions:
B. Rezoning of the property from A2, Agricultural Estate District to RSF,
Single Family Residential District.
C. Preliminary plat (Subdivision) to create 48 lots, three outlots and public
right-of-way with a variance for street width, subject to the following
conditions:
1. The applicant will work with staff to reduce bluff impact and tree loss caused by
Settlers Court.
The development of the property is contingent on Eden Prairie approving the
subdivision within their jurisdiction. Without the road access and sewer and
water service, this project would be premature.
3. Deleted.
4. The developer shall be responsible for paying park dedication fees at the time of
final plat recording.
Wetland replacement must occur in a manner consistent with the Minnesota
Wetland Conservation Act (MR 8420). The applicant must receive approval of
a wetland replacement plan prior to wetland impacts occurring.
A wetland buffer 0 to 20 feet in width (with a minimum average of 10 feet) must
be maintained around Wetland G (if it is not mitigated). A wetland buffer 10 to
30 feet in width (with a minimum average of 20 feet) must be maintained around
Wetlands ! and J. (Those buffers considered for PVC must maintain a minimum
width of 16.5 feet.) Wetland buffer areas shall be preserved, surveyed and
staked in accordance with the City' s wetland ordinance. The applicant must
install wetland buffer edge signs, under the direction of City staff, before
construction begins and must pay the City $20 per sign.
Bluff areas must be preserved. All structures must maintain a 30-foot setback
from the bluff and no grading, except for the areas identified for site drainage as
shown in the approved grading plan, may occur within the bluff impact zone
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City Council Summary - May 10, 2004
(i.e., the bluff and land located within 20 feet from the top of a bluff). A
conservation easement shall be recorded over the bluffs and bluff impact zones.
The developer shall work with staff to develop and install appropriate markers to
demarcate the bluff impact zone.
The applicant shall work with City staff to develop a plan for bluff management.
The plan shall include an assessment of the stability of bluff areas, an inventory
of the discarded materials, a plan for the clean-up of bluff areas and a restoration
plan for critical and/or severely eroded areas. The plan shall also address
reclamation of the Moon Valley site. The bluff management plan shall be
implemented prior to or concurrently with subdivision construction.
The lots abutting bluff areas (Lots 12 through 39 and 46 through 50) shall be
graded to drain away from the bluff and bluff impact zone. In addition, a system
of swales and storm sewer with surface inlets shall be installed for the rear yards
of the lots abutting bluff areas (Lots 12 through 39 and 46 through 50).
10.
The plans for the cross-country storm sewer on Outlot F shall be more detailed.
Erosion blanket, shade tolerant seed mix and fiber rolls are recommended to
promote vegetation growth and temporarily stabilize the exposed slope. Similar
measures are needed shall the 20-foot maintenance access be developed.
11 To provide cost-effective sediment removal within Pond 3, a forebay shall be
located at the northern end of the pond near the inlet.
12.
A drainage and utility easement at least 20 feet in width shall be centered over
any swales and/or storm sewer, including pond inlets and outlets. Slopes within
the easements shall be gradual enough to permit access with heavy equipment.
13. Adequate, non-compacted topsoil shall be applied to a depth of at least 6 inches
prior to the installation of permanent erosion control practices.
14. Silt fence is needed at the HWL of storm water ponds once the ponds are final
grade and stabilized with mulch and seed or blanket and seed.
15.
After excavation of slopes adjacent to bluff areas and prior to home building
activities (such as excavating for foundations) the builders shall install silt fence
or other perimeter control (snow fence) to protect the temporary stabilization
methods and final grade elevations.
16.
Erosion control blanket shall be installed on all slopes greater than or equal to
3:1. All exposed soil areas must have temporary erosion protection or
permanent cover for the exposed soil areas year round, according to the
following table of slopes and time frames:
City Council Summary - May 10, 2004
Type of Slope Time
Steeper than 3:1 7 days
10:1 to 3:1 14 days
Flatter than 10:1 21 days
(Maximum time an area can
remain open when the area
is not actively being worked.)
These areas include constructed storm water management pond side slopes, and any
exposed soil areas with a positive slope to a storm water conveyance system, such as
a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch
or other natural or man made systems that discharge to a surface water.
17. Street cleaning of soil tracked onto public streets shall include daily street
scraping and street sweeping as-needed.
18. The total SWMP fee, due payable to the City at the time of final plat recording,
is $80,502.
19.
The applicant shall apply for and obtain permits from the appropriate regulatory
agencies (e.g., Lower Minnesota River Watershed District, Minnesota Pollution
Control Agency, City of Eden Prairie, Minnesota Department of Natural
Resources (for dewatering)) and comply with their conditions of approval.
20.
Tree preservation fence shall be installed at the edge of the grading limits prior
to any construction. Fencing shall be in place and maintained until all
construction is completed. In no areas shall the fencing be placed within the
bluff impact zone.
21 Any trees removed in excess of proposed tree preservation plans, dated 1/16/04,
will be replaced at a ratio of2:1 diameter inches.
22. Any trees removed must either be chipped or hauled off site. No burning
permits will be issued.
23. Silt fence must be placed outside of the bluff impact zone boundary.
24.
A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps,
trees, shrubs, bushes, Qwest, Xcel Energy, Cable TV and transformer boxes.
This is to insure fire hydrants can be quickly located and operated by firefighters.
Pursuant to Chanhassen City Ordinance #9-1.
25.
Fire apparatus access roads and water supply for fire protection is required to be
installed. Such protection shall be installed and made serviceable prior to and
during time of construction except when approved, alternate methods of
protection are provided. Temporary street signs shall be installed at each street
intersection when construction of roadways allows passage by vehicles in
accordance with Section 505.2 of the Minnesota Fire Code.
City Council Summary - May 10, 2004
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
A final grading plan and soils report must be submitted to the Inspections
Division before building permits will be issued.
Demolition permits must be obtained prior to demolishing any structures on the
site.
As utility service will be provided by the City of Eden Prairie, responsibility for
permits and inspections of the private sewer and water services must be
determined.
The applicant will be required to meet the existing site runoff rates for the 10-
year and 100-year, 24-hour storm events. The proposed ponds must be
designed to National Urban Runoff Program (NURP) standards.
The storm sewer must be designed for a 1 O-year, 24-hour storm event.
Submit storm sewer sizing calcs and drainage map prior to final plat for staff
review and approval.
Drainage and utility easements must be dedicated on the final plat over the
public storm drainage system including ponds, drainage swales, and wetlands
up to the 100-year flood level. The minimum easement width shall be 20 feet
wide.
Because of the sensitive nature of the site, Type III silt fence per City detail
plate #5300 be used around the perimeter of the entire site. Also, remove the
silt fence detail from the preliminary grading plan (sheet #8.) In addition, tree
preservation fencing must be installed at the limits of tree removal. All
disturbed areas, as a result of construction, must be seeded and mulched or
sodded immediately after grading to minimize erosion. The applicant shall be
aware that any off-site grading will require an easement from the appropriate
property owner. If importing or exporting material for development of the site
is necessary, the applicant will be required to supply the City with detailed
haul routes and traffic control plans.
Revise the storm sewer pipe diameter from 12-inch to 15-inch minimum.
Permits from the appropriate governmental agencies must be obtained
including: MPCA, Watershed District, Hennepin/Carver County.
On the grading plan:
a. Add a 4-inch perforated drain tile at street low point, 4-feet in back of
curb.
b. Show the benchmark used for the site survey.
City Council Summary - May 10, 2004
Do
c. The walkout elevation of Lot 12 must be a minimum of 1.5 feet above the
adjacent emergency overflow elevation.
36. Last storm structure that is road accessible prior to pond must be a 3-foot
sump manhole.
37.
The proposed retaining wall at the end of Settlers Court will not be allowed
within the street right-of-way. Also, any retaining wall over 4-feet in height
must be designed by a registered Civil Engineer in the State of Minnesota and
it will require a building permit.
38. Extend the 5-foot sidewalk to the south end of Settlers West Road.
39. The developer must obtain approval from Hennepin County for the City's use
of the trail for maintenance access to the storm sewer.
40. The plans are acceptable with the 150 foot curve radius, but the applicant will
be required to install mitigation signage.
41.
The applicant is required to add 8 foot shoulders per state aid standards and
150 foot tapers on the end of each turn lane and lengthen the left turn lane
to maximize the usefulness of the lane and/or comply with Hennepin
County's requirements for improvements to Pioneer Trail.
42.
The developer will be required to pay the City of Chanhassen an amount of
money equal to the number of lateral connection charges, trunk hook-up
charges and sewer availability charges (SAC) that are lost to the City of
Chanhassen as a result of Pemtom not connecting with the City of
Chanhassen's future sewer and water systems. The payment would be
made at the time of the recordation of the final plat with the Carver
County Recorder and would be based upon the rates in place at the time of
final plat approval by the City of Chanhassen, multiplied by the number of
buildable lots platted.
Wetland Alteration Permit to fill and alter wetlands on site, subject to the
following conditions:
1. The applicant shall provide details on wetland mitigation for proposed impact to
Wetland G.
2. Staff will field verify Wetlands I and J if the final plans involve the discharge of
pretreated storm water into these basins.
Wetland replacement must occur in a manner consistent with the Minnesota
Wetland Conservation Act (MR 8420). The replacement plans should show
fixed photo monitoring points for replacement wetlands. A five-year wetland
City Council Summary - May 10, 2004
replacement monitoring plan should be submitted. The applicant should provide
proof of recording of a Declaration of Restrictions and Covenants for
Replacement Wetland. The applicant must receive approval of a wetland
replacement plan prior to wetland impacts occurring.
A wetland buffer 0 to 20 feet in width (with a minimum average of 10 feet) must
be maintained around Wetland G (if it is not mitigated). A wetland buffer 10 to
30 feet in width (with a minimum average of 20 feet) must be maintained around
Wetlands ! and J (those buffers considered for PVC must maintain a minimum
width of 16.5 feet). Wetland buffer areas should be preserved, surveyed and
staked in accordance with the City' s wetland ordinance. The applicant must
install wetland buffer edge signs, under the direction of City staff, before
construction begins and must pay the City $20 per sign.
The applicant shall apply for and obtain permits from the appropriate regulatory
agencies (e.g., Lower Minnesota River Watershed District, Minnesota Pollution
Control Agency, City of Eden Prairie, Minnesota Department of Natural
Resources (for dewatering)) and comply with their conditions of approval."
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
COUNCIL PRESENTATIONS:
Councilman Ayotte praised the engineering staff and volunteers on their work with the
Lotus Lake water treatment plan. Councilman Labatt brought up the e-mail from Susan
Hoff regarding the disparity of athletic field uses between Chanhassen and Chaska. He
and Mr. Hoffman will be preparing a letter to the Chaska School Board to address the
issue.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt stated he will be providing an update on the 2004 bond sale at the next
City Council work session.
CORRESPONDENCE DISCUSSION. None.
Councilman Peterson moved, Councilman Labatt seconded to adjourn the meeting.
All voted in favor and the motion carried. The City Council meeting was adjourned
at 8:15 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim